*.*:* SCH. effip of the Soniy TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL -2 P4:24 RECEIVED BY: SENATE S. No. 11 Introduced by Senator Robinhood Padilla AN ACT AMENDING REPUBLIC ACT NO. 8371 OTHERWISE KNOWN AS "THE INDIGENOUS PEOPLES RIGHTS ACT OF 1997" EXPLANATORY NOTE Article II, Section 22 of the 1987 Philippine Constitution declares that, "The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development." Further, Article XIV, Section 17 states that, "The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve the development of their cultures, traditions and institutions. It shall consider these rights in the formulation of national plans and policies." Along with this constitutional mandate, Republic Act No. 8371, also known as the Indigenous Peoples' Rights Act of 1997 (IRPA) was formally enacted on 29 October 1997. This legislation was established with the primary purpose of recognizing, protecting, and promoting the rights of Indigenous Cultural Communities (ICCs) and Indigenous Peoples (IPs) in the Philippines. IPRA serves as a foundational legal framework aimed at ensuring the respect, preservation, and promotion of the rights, cultural heritage, and traditional practices of Indigenous groups. It also outlines measures for the empowerment of ICCs and IPs, facilitating their involvement in decision-making processes that affect their lands, resources, and rights.
The law, however, does not include a specific provision detailing the mechanisms or framework for the distribution of revenues generated from natural resources located within the territories of Indigenous Cultural Communities. The right of Indigenous communities to access natural resources and the revenues derived therefrom is fundamental and must be recognized and respected. To safeguard against potential abuses in the exploitation of natural resources within the territories of IPs and ICCs, this proposed amendment seeks to establish clear and enforceable entitlements for our Indigenous brothers and sisters. In light of these considerations, the prompt enactment of this bill is strongly recommended. ROBINHOOD PADILLA Senator
Office of it; TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session JUL -2 P4:24 SENATE RECEIVED BY S. No. . Introduced by Senator Robinhood Padilla AN ACT AMENDING REPUBLIC ACT NO. 8371 OTHERWISE KNOWN AS "THE INDIGENOUS PEOPLES RIGHTS ACT OF 1997" Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
Section 1. A new Section 58 shall be added to Republic Act No. 8371 otherwise
2 known as " The Indigenous Peoples Rights Act of 1997", to read as follows: "SEC. 58. SHARE OF THE INDIGENOUS CULTURAL COMMUNITIES AND INDIGENOUS PEOPLES (ICCS/IPS). - ICCs/IPs SHALL HAVE FIVE PERCENT (5% SHARE OF THE NET REVENUES GENERATED FROM THE EXPLORATION, DEVELOPMENT, AND UTILIZATION OF NATURAL RESOURCES, INCLUDING NATURAL GAS PROJECTS, FOUND WITHIN THE TERRITORIES COVERED BY A NATIVE, TRADITIONAL, OR CUSTOMARY TITLE IN THEIR FAVOR.
Sec. 2. Separability Clause. - If any provision of this Act shall be held
unconstitutional or invalid, the other provisions not otherwise affected shall remain in 12 full force and effect.
Sec. 3. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended 16 accordingly.
Sec. 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,